RAKESH KUMAR VARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, on their joint request, it is finally heard.

(2.) In this petition filed under Article 226 of the Constitution of India, the assail is made to an order dtd. 4/4/2025 (Annexure-P/11) passed by respondent No.2, whereby the petitioner has been placed under suspension.

(3.) As per facts of the case, the petitioner being an in-charge Principal was performing his duties at Government Shaheed Bhagat Singh P.G. College, Pipariya. However, during the course of evaluation of answersheets, certain irregularities were noticed and made viral on social media and thereafter, an enquiry was conducted wherein statements of various persons were recorded and then, the Enquiry Committee submitted its report vide letter dtd. 3/4/2025 disclosing the fact that the answer- sheets, which were to be evaluated by one Ms. Khusbhu Pagare, Guest Faculty, got evaluted by one Pannalal Pathariya, Lab Technician Class-IV employee. The enquiry report further revealed the fact that Ms. Khusbhu Pagare, in her statement, had admitted the fact that for evaluating the answer-sheets on her behalf, she had given a sum of Rs.7000.00 to one Rakesh Kumar Maiher and even, Rakesh Kumar Maiher, in his statement, had also admitted the fact that in lieu of evaluation of answer-sheets, he had given Rs.5000.00 to Pannalal Pathariya. Concluding the enquiry report, prima facie, the Enquiry Committee held the petitioner and one Dr. Ramgulam Patel, Professor, Political Science, guilty for the alleged irregularity. In pursuance of the report submitted by the Enquiry Committee, respondent No.2, exercising the power provided under Rule 9 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (in short the 'Rules, 1966'), has passed the impugned order of suspension dtd. 4/4/2025.